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How to Divide the Property in Second Marriage; All Houses with Children Are Women's Names

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How to Divide the Property in Second Marriage; All Houses with Children Are Women's Names


        

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  • 2024-06-21 02:00:57

    If the remarried couple has formed an actual custody relationship with the other party's children, then the stepparents and stepchildren who have formed a custody relationship with them have the right to inherit the inheritance from each other.
    1. After both parties remarry, they shall go through marriage registration according to law, that is, to determine the rights and obligations between the husband and wife.
    Both parties may, in accordance with the provisions of Article 19 of the Marriage Law, agree that the property acquired during the duration of the marriage relationship shall be owned by each party, jointly owned, partially owned by each party, and partially jointly owned. The agreement shall be in writing. There is no agreement or unclear agreement. Articles 17 and 18 of the Marriage Law shall apply to determine the scope of joint property and personal property.
    The marital property and premarital property agreement of both parties shall be legally binding on both parties as long as the expression of intention is true.
    If both parties agree that the property acquired during marriage belongs to each other, then even if the property acquired by one party during marriage meets the conditions that should be recognized as joint property of husband and wife as stipulated in Article 17 of the Marriage Law, it still belongs to one party's personal property
    If both parties agree to jointly own the property acquired during marriage, then even if the property acquired by one party during marriage meets the conditions that Article 18 of the Marriage Law should be recognized as the property of the spouse, it still belongs to the joint property of both parties.
    If both parties agree that part of the property acquired during marriage is owned by themselves and part is jointly owned, the scope of common property and personal property shall be divided according to the specific agreed scope and proportion.
    2. Both parties have no marital property agreement and no premarital property agreement. The property acquired during marriage shall be divided into common property and personal property according to Articles 17 and 18 of the Marriage Law.
    3. Both parties agree that the property acquired during the marriage relationship shall belong to each other. If one party pays more for raising children, caring for the elderly or assisting the other party in work, and demands compensation at the time of divorce, the other party shall pay a certain amount of compensation
    4. Remarried couples have the right to inherit each other's inheritance as long as they go through marriage registration and obtain a marriage certificate. Each has the right to become the legal first order successor of the other party
    If the remarried couple has formed an actual custody relationship with the other party's children, then the stepparents and stepchildren who have formed a custody relationship with them have the right to inherit the inheritance from each other.

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    2024-06-21 02:00:57

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